Witt v. Jones

I

Justice Shepard, specially concurring in Suchan v. Suchan, Idaho, opinion filed March 11,1986, rehearing granted by order dated June 16,1986, wrote:

I concur in the opinion of the majority since the attitudes of the parties and the now interposition of the property rights of third parties have, in my view, made any other disposition impossible. I suggest, however, that this is a black day in the history of justice in the state of Idaho ____ I cannot believe but that a better result reflective of justice could have been obtained.

His candidly frank declaration of what he properly called the…